Yoyo Wallet End User License Agreement (EULA)

30 August 2017 16:15

Last Updated on: 23rd August 2017

Yoyo App End User Licence Agreement

Introduction

This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to this application (and any update/upgrade to it) that we make available for download from any third party application store (the Yoyo app).

Your Yoyo consumer account and the services we offer and provide through the Yoyo App are subject to our separate Consumer Account Terms and not this document.

The Yoyo App is provided by or on behalf of Yoyo Wallet Limited (we, us and our). See About us for further details of who we are.

BY DOWNLOADING, ACCESSING AND/OR USING THE YOYO APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE YOYO APP, AND YOU SHOULD NOT PROCEED FURTHER.

We reserve the right to change the terms of this EULA from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Yoyo app.

Access to the Yoyo App

The Yoyo app is free to download. In order to use the Yoyo app for the purposes it is intended for, you will need to have a Yoyo consumer account ("Account"). It is free to open an Account and you can do so by providing the registration details requested.

The Yoyo app is intended for use only by persons who are at least 16 years of age. By using the Yoyo app, you confirm to us that you meet this requirement.

The Yoyo app may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the Yoyo App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the Yoyo App you wish to download and to access and use the downloaded Yoyo App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the Yoyo app to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, the Yoyo app by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the Yoyo app may charge for internet access (including mobile data usage) on that device.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Yoyo app or that the Yoyo app will respond at a certain speed (since this depends on a number of factors outside our control).

What you are allowed to do

You may only use the Yoyo app for non-commercial, personal use, and only in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the Yoyo app) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the Yoyo app on a mobile device and store the Yoyo app in electronic form incidentally in the normal course of use of your mobile device.

What you are not allowed to do

Except to the extent expressly set out in this EULA, you are not allowed to:

republish, redistribute or re-transmit the Yoyo app;

attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Jump, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties;

copy or store the Yoyo app other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;

store the Yoyo app on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Yoyo app;

remove or change any content of the Yoyo app or attempt to circumvent security or interfere with the proper working of the Yoyo app or any server on which it is hosted;

use the Yoyo app in a way that might damage our name or reputation or that of any of our affiliates; or

otherwise do anything that it is not expressly permitted by this EULA.

All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.

To do anything with the Yoyo app that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting Us details at the end of this EULA.

Third party platform providers and application stores

Certain third party platform providers with whose devices and/or operating systems the Yoyo app has been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under "Additional third party terms". These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the Yoyo app. We are not responsible for these stores or (with the exception of the Yoyo app) for anything provided by them and do not guarantee that they will be continuously available.

Intellectual property rights

We license, but do not sell, to you the Yoyo app you download. We remain the owner of the Yoyo app at all times.

All intellectual property rights in the Yoyo app and in any content of the Yoyo app (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Yoyo app or any content from the Yoyo app.

The Yoyo app may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the Yoyo app contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in any Yoyo app and the relevant Open Source Licence Terms will be made available to you upon request.

Functionality and content

You agree that downloading, accessing and use of the Yoyo app that is made available for download free of charge are on an 'as is' and 'as available' basis and at your sole risk.

We reserve the right to change the design, features and/or functionality of the Yoyo app by making the updated Yoyo app available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated Yoyo app, but we may cease to provide and/or update content to prior versions of the Yoyo app and, depending on the nature of the update, in some circumstances you may not be able to continue using the Yoyo app until you have downloaded the updated version.

Whilst we try to make sure that content made available by the Yoyo app consisting of information of which we are the source is correct, you acknowledge that the Yoyo app may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the Yoyo app is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent that our Consumer Account Terms apply or as otherwise expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Yoyo app and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.

Your personal information

Use of your personal information submitted to us via the Yoyo app is governed by our Transparency Statement. Additionally, by using the Yoyo app, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the Yoyo app may be read or intercepted by others.

External links

The Yoyo app may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in this EULA shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;

for fraudulent misrepresentation;

for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or

for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we, our agents, officers, employees or subcontractors be liable to you for any loss of profit or business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not exceed the greater of:

an amount equal to the balance of funds held in your Account at the time the liability is incurred; or

the sum of £150.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under this EULA.

All notices given by you to us must be given in writing to the address set out at the end of this EULA.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.

These terms shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

Subject to the next paragraph, you agree that any dispute between you and us regarding these terms or the Yoyo app will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

We are required to inform you that the Financial Ombudsman Service is an alternative dispute resolution body to whom we are obliged, by the rules of the Financial Conduct Authority, to refer any dispute that cannot be resolved between you and us.

The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

About us

Yoyo Wallet Limited, is a company incorporated in England and Wales under company registration number 08515940 and whose registered head office is at 78 Whitfield Street, London, W1T 4EZ. Yoyo Wallet Limited is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (Firm Ref. No. 900645) for the issuing of electronic money. Our VAT registration number is GB166639179.

Contacting us

Please submit any questions you have about this EULA or any complaint or concern in relation to the Yoyo app by email to support@yoyowallet.com or write to us at:

Yoyo

78 Whitfield Street

London

W1T 4EZ

Additional terms from third party platform providers

Apple

If the Yoyo app that you download, access and/or use runs on Apple’s iOS operating system:

the Yoyo app may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;

you acknowledge and agree that:

Apple has no obligation at all to provide any support or maintenance services in relation to the Yoyo app. If you have any maintenance or support questions in relation to the Yoyo app, please contact us, not Apple, using the "Contacting Us" details in these terms;

except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Yoyo app are between you and us (and not between you, or anyone else, and Apple);

in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Yoyo app infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

you represent and warrant that:

you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and

you are not listed on any United States Government list of prohibited or restricted parties;

if the Yoyo app does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Yoyo app (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Yoyo app and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Yoyo app or as a result of you or anyone else using the Yoyo app or relying on any of its content;

Your use of any real time route guidance functionality of the Yoyo app is at your sole risk. Location data may not be accurate.